I wishthe government would clear up the legislation surrounding auctions and the CGA. It's not as clear cut as it "the CGA doesn't apply to auctions" because it was written long before online trading and online auctions.
Bulk sellers and retailers need to stop hiding behind auctions to bypass the CGA. It's time this vague piece of legislation was written properly.
The other area that annoys me is the "goods should last a reasonable amount of time". They should refer to another piece of legislation that states what a "reasonable amount of time" is for any given category.
rpvr,
Jan 4, 7:48am
In my view, the fact that it's an auction doesn't let the seller off the hook if they state that they guarantee no mechanical issues. Sellers are not required to give guarantees with auctioned goods, but they have chosen to do so (obviously to entice bidders), so need to stand by that.
a.woodrow,
Jan 4, 7:53am
More to the point, it is enforceable against them
zfu004,
Jan 4, 7:53am
Hi there , for flush here do you mean a complete engine flush!.
zfu004,
Jan 4, 7:55am
very good point,although I think we all know law changes take forever.
a.woodrow,
Jan 4, 7:56am
Did you see the bit in the auction where they guaranteed the vehicle! you have cover here, ring them up and tell them to honor it
zfu004,
Jan 4, 8:04am
Just contacted the seller,he denied knowing anythingabout the problem so i guess he is not gonna help.
a.woodrow,
Jan 4, 8:08am
It doesn't matter if he knew about it or not. he's guaranteed it free of mechanical defects and it's not. tell him to pay up or you'll go to disputes tribunal
rpvr,
Jan 4, 8:10am
I guess it depends on the financial status of the buyer, but personally in this situation if I had to pay for repairs I would just do so, then pursue the seller for reimbursement through the disputes tribunal. Nothing to lose.
zfu004,
Jan 4, 8:16am
Well I guess dispute tribunal is the way to go in this case.
mugenb20b,
Jan 4, 8:17am
Well, it's impossible to do a partial flush.but either way, it's not an expensive job, an hour labour for the whole job.
zfu004,
Jan 4, 8:19am
Luckily for me, I have not sold my old car yet so I am not desperatly need to fix and use this one.Guess that is the only bright side today.
zfu004,
Jan 4, 8:20am
thanks for that, not really a car enthusiast.
arrithedog,
Jan 4, 8:34am
But he knows about it now.
zfu004,
Jan 4, 8:50am
After a few txts, his opinion is quite clear: he did not know the problem and after i raised the problem to him now, he is not willing to help apart from refer me to the garage that he knew AT MY COST. So I think I have no other choices now.
hijacka,
Jan 4, 9:25am
Well said, sooner you get the repairs done the better print off the auction page and keep all the txts and emails from him that may go in your favour. Don't drive it as you want the kms low to state it hasn't been driven far since purchase. Good luck with it
puddleduck00,
Jan 4, 10:22am
You have plenty of choices, the above advice is spot on. Keep the txts . He is not willing to remedy the situation, but you can remedy it at his expense. You will have to take him to small claims to get it sorted, but he won't even show up and by default you will win and all costs will reimbursed. That's how it should go anyway.
Keep us posted as you definitely have the upper hand here. Also, people talk. This guy's reputation is at stake, and so it should be.
neo_psy,
Jan 4, 10:36am
Mmm, cut-and-paste they use in every auction they run. Sloppy and lazy, IMHO
llortmt,
Jan 4, 10:40am
To all you dreamers that think the OP has a chance at the DT. How are you going to prove that it was a pre-existing fault! Because if you cant the OP is wasting her time and money.
llortmt,
Jan 4, 10:40am
What! there is no small claims court any more! The upper hand! You're dreaming if you think the OP has a chance at the Disputes Tribunal. How are you going to demonstrate that it was a pre-existing fault at the time of purchase! Because if you cant the OP is wasting her time and money.
puddleduck00,
Jan 4, 10:50am
Umm you take it to a mechanic and get a detailed fault report. The OP still has to get the car repaired in any case, so this will cost no extra. The DT costs how much!.
I don't think it's an unrealistic outcome.
incar.,
Jan 4, 11:07am
ONE MONTH MECHANCIAL WARRENTY WILL BE GIVEN TO THE NEW OWNER. please bid with confidence
llortmt,
Jan 4, 11:14am
You must be smoking something then, the OP admits the MIL was NOT lite when she took delivery of the vehicle. The OP or her agents were given ample opportunity to inspect the vehicle prior to purchase, but choose not to and thus cannot accurately describe its pre-purchase condition having failed to even test drive the vehicle. The seller will argue and present evidence that the vehicle was inspected by his mechanic prior to purchase and was at the time fault free. Why cant people just take some personal responsibility! The OP bought a second hand car in an auction situation and thus with little/no consumer protection without the benefit of a pre-purchase inspection. Learn from it and move on.
puddleduck00,
Jan 4, 11:17am
Well said. Dealers hiding behind auctions to bypass the CGA. It's not as cut and dry as you seem to think. Pity about the rest of your post though. It's not me that's smoking something.
llortmt,
Jan 4, 11:22am
Okay so your mechanics report says (as it will) that the timing chain tensioner is NOW faulty what will that prove!
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